Alerts

On February 15, the FTC announced its annual adjustments to the HSR Act filing thresholds for deals signed in 2019. These new thresholds represent a 6.6% increase over the 2018 thresholds and are expected to be published in the Federal Register during the week of February 18, 2019.

The Federal Trade Commission (FTC) has elected to retain its CAN-SPAM Rule in its present form without changes. The CAN-SPAM Rule implements the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003.

The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of certiorari filed by the County of Maui. The Supreme Court will ostensibly determine whether discharges of pollutants to surface waters via groundwater and/or soil are regulated by the CWA. The Supreme Court’s decision is certain to have far-reaching implications for permitting and enforcement pursuant to the CWA.

On February 14, 2019, the U.S. Environmental Protection Agency (EPA) released its PFAS Action Plan. The Plan identifies immediate and long term actions EPA will take regarding per- and polyfluoroalkyl substances (PFAS).

South Carolina lawmakers are debating legislation that, if passed, would greatly affect liability burdens on government-run healthcare providers as well as affecting the limits recoverable against charitable hospitals and healthcare providers.

With the release January 29, 2019 of an important tax policy note (the “Note”), the Organization for Economic Cooperation and Development (the “OECD”) has introduced greater direction for its BEPS mandate to introduce proposals to address the tax challenges of the “digitalization” of the economy.

The Optima KV swine waste to renewable natural gas (“RNG”) project near Kenansville, North Carolina came online as the first RNG project in the state to inject RNG directly into the existing natural gas transportation system.

On January 25, 2019, after 35 days of uncertainty and hundreds of thousands of federal employees missing their second paycheck, the partial government shutdown that went into effect on December 22, 2018 ended.

Illinois, the only state with a statute allowing private actions for unconsented collection of biometric readings, has made plaintiff recovery significantly easier, and defending such cases significantly harder.

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